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PEOPLE EX REL. MITCHELL v. CULLY

63 A.D.3d 1679 (2009)

880 N.Y.S.2d 595

THE PEOPLE OF THE STATE OF NEW YORK ex rel. VARREL MITCHELL, Appellant, v. MALCOLM CULLY, Superintendent, Livingston Correctional Facility, Respondent.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided June 12, 2009.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: Supreme Court properly dismissed the petition for a writ of habeas corpus. Petitioner has not yet perfected his appeal to the Appellate Division, Third Department, and he raises issues that may either be raised on that appeal or by way of a motion pursuant to CPL article 440 (see People ex rel. Malik v State of...

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